United States: Wilmerhale Earns Win For Braintree Labs In Hatch-Waxman Case
Last Updated: May 15 2017

On May 5, 2017, WilmerHale client Braintree Laboratories, Inc. was victorious at the Federal Circuit when the appeals court reversed a district court's grant of summary judgment of noninfringement for Breckenridge Pharmaceutical and remanded with instructions to enter judgment in Braintree's favor.

This Hatch-Waxman matter involved a patent owned by Braintree pertaining to its product SUPREP, a highly successful product designed to cleanse the colon safely before a colonoscopy. Breckenridge had filed an ANDA to market a generic copy of SUPREP and suit was later filed by Braintree for patent infringement. The appeals court said the lower court's interpretation of a key phrase in the patent was foreclosed by an earlier Federal Circuit decision in another case that Braintree brought against a different generic company. The court also rejected Breckenridge's argument that it could not infringe because the FDA-approved use of its generic product was not the same use covered by Braintree's patent. In doing so, the appeals court concluded that Breckenridge's generic copy of SUPREP would infringe because the claims of Braintree's patent cover the means to achieve the FDA-approved use.

Partner Mark Fleming argued the case in the Federal Circuit, while the full WilmerHale team included Partners Chris Noyes and Colleen Superko, Senior Counsel Jack Regan, Counsel Anna Lumelsky, Senior Associates Jenn Brown and Michael Greene and former Counsel David Chavous.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

 
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Press Releases from this Firm
Recent Content from this Firm
By Gary Born
By Leila Gaafar
By Timothy Silva, Seth Davis
By Christopher Babbitt, Jonathan Bressler, Claire Chung
By WilmerHale
By Jonathan Yarowsky, Perry A. Lange, Hartmut Schneider, Leon Greenfield, D. Reed Freeman, Jr., Heather Zachary
By Jay Holtmeier, Erin Sloane
By Geoffroy Barthet, Nicole Callan, Cormac O'Daly, Hartmut Schneider
By WilmerHale
By WilmerHale
Tools
Print
Font Size:
Translation
Channels